JOFOC_12639520D0021.pdf

USDA, APHIS, MARKETING AND REGULATORY SERVICES

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

In accordance with FAR Parts 6.1 and 13.104, this request for a noncompetitive acquisition is hereby submitted for consideration for acquisition approval.

IDENTIFICATION OF THE AGENCY AND THE CONTRACTING

ACTIVITY:

Requesting Agency:

NWRC Logan Utah

Contracting Activity:

USDA APHIS MRPBS

NATURE AND/OR DESCRIPTION OF THE ACTION BEING

APPROVED:

Due to the circumstances described below, the APHIS, Wildlife Services (WS), National Wildlife Research Center (NWRC) request the following be acquired using a noncompetitive procurement in support of research that will assist with the agency mission.

A DESCRIPTION OF THE SUPPLIES, EQUIPMENT, OR SERVICES

REQUIRED TO MEET AGENCY NEEDS (INCLUDING THE ESTIMATED

VALUE OF THE ACQUISITION INCLUSIVE OF OPTIONS):

Purchase of a freshly ground meat and other food materials made for mink and other carnivores that need a high protein, high fat diet used as food for coyote colony located in Millville, UT. The food, typically called mink food because most purchasers use the food to feed captive mink, must be fresh and available for consumption within 1 week. The amount needed per year is dependable on the amount of pups born each cycle. Source must be local and always available.

Fur Breeders Agricultural Cooperative has a meat processing facility that’s just 15 minutes away from the Millville facility.

IDENTIFICATION OF THE STATUATORY AUTHORITY PERMITTING

NONCOMPETITIVE ACQUISITIONS:

• FAR 6.302-3 (ii) Industrial Mobilization, Engineering, Developmental or Research Capabilities - Citations: 41 U.S.C. 3304(a)(3).

• FAR 6.302-1The statutory authority is 41 U.S.C. 253( c )(1) The property or services needed are available from only one responsible qualified source at this time and no other type of property or services will satisfy these needs.

And

• 41 U.S.C. 253 (d)(1)(B) (i) & (ii) when It is likely that award to a source other than the original source , (Fur Breeders Agricultural Cooperative), would result in (i) substantial duplication of cost to the Government which is not expected to be recovered through competition, and (ii) unacceptable delays in fulfilling the agency's needs, therefore such property may be deemed to be available only from the original source and may be procured through procedures other than competitive procedures.

A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES

USE OF THE AUTHORITY CITED:

Unique Qualifications:

• Freshly ground meat and other food products. 100% meat and other food products with no additives or byproducts that is high in fat and protein

• Proximity to Millville, UT

• Readily available

• Strict timeframe for delivery to consumption

A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS

PRACTICABLE, INCLUDING WHETHER A NOTICE WAS, OR WILL BE,

PUBLICIZED AS REQUIRED BY FEDERAL ACQUISITION REGULATION

(FAR) SUBPART 5.2, AND IF NOT, WHICH EXCEPTION UNDER FAR 5.202

APPLIES:

New sources were sought for local vendors that could produce the amount and quality (high protein and high fat) of food needed. None were available.

A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE, AND THE BASIS FORTHAT DETERMINATION:

Price comparison of similar products shows price to be fair and reasonable.

• A GSA search of “mink food” yielded zero results. Web searched for freshly ground mink food diet yielded zero results. Typical cost online for freshly gound pet food was $8.00 - $9.99 for 2lb loaves, and typically does not have as much fat as protein as the mink food diet. Fur Breeders Agricultural Cooperative is quoting a price of .25 per lb for the new contract for all five years.

• Received unsolicited quote in response to Beta SAM Sole Source Notice PR-20-990647 from SEMTRC LLC. Price was 76% higher

FBAC

Max qty per year

80,000 lbs

SEMTRC LLC

Max qty per year

80,000 lbs Difference %incr $0.25 $0.44 $0.19 76.00%

A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (FAR

PART 10) AND THE RESULTS, OR AN EXPLANATION OF THE REASON

MARKET RESEARCH WAS NOT PERFORMED:

• Market research was conducted via internet searches, laboratory personnel knowledge, and the posted sole source notification.

• BetaSAM Sole Source Announcement PR-20-990647 published 02/11/2020 and closed on 02/26/2020 – One Response

ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL

AND OPEN COMPETITION - FAR 6.303-2(a)(9):

Coyotes have been cared for at the Millville Predator Research Facility since 1973.

Thus, we have numerous years of experience with these animals and understand their nutritional requirements and feeding limitations. There are no other suppliers in close enough proximity that would allow us to safely feed our large colony of coyotes.

USDA NWRC Logan Field Station is the world renowned breeding facility of coyotes and it employs the specialized Ph.D. researchers that determine the optimum feeding and caring for coyotes.

A STATEMENT OF THE ACTIONS, IF ANY. THE AGENCY MAY TAKE

TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION

BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES,

EQUIPMENT, OR SERVICES REQUIRED:

The Agency will remove any barriers to competition in the future by a public announcement via the Federal Business Opportunities website identifying the Government’s intent. The notification will include information how interested parties may submit capability information for review and consideration.